Griffin v. Housing Authority of City of Durham, 8214SC759

• Decision Date: 07 June 1983
• Docket Number: No. 8214SC759,8214SC759
• Court: North Carolina Court of Appeals
• Parties: , 119 L.R.R.M. (BNA) 2107 Willie H. GRIFFIN v. HOUSING AUTHORITY OF the CITY OF DURHAM, North Carolina.

Page 200

303 S.E.2d 200

62 N.C.App. 556, 119 L.R.R.M. (BNA) 2107

Willie H. GRIFFIN v. HOUSING AUTHORITY OF the CITY OF DURHAM, North Carolina.

No. 8214SC759.

Court of Appeals of North Carolina.

June 7, 1983.

Haywood, Denny & Miller by George W. Miller, Jr., Durham, for plaintiff-appellant.

Daniel K. Edwards, Edwards & Manson, Durham, for defendant-appellee.

VAUGHN, Chief Judge.

The sole question is, assuming plaintiff's evidence is true, whether defendant was entitled to summary judgment as a matter of law. The purpose of summary judgment is to bring litigation to an early decision on the merits without the delay and expense of trial when no material facts are at issue. McNair v. Boyette, 282 N.C. 230, 192 S.E.2d 457 (1972). Since the evidence was uncontradicted, there is no issue of material fact. The only question is whether defendant was entitled to judgment as a matter of law.

Plaintiff's argument is, in essence, that even though he was an employee at will, his termination was a breach of contract because it was not in compliance with defendant's personnel policies. Plaintiff's contract, which was incorporated in defendant's advertisement, plaintiff's job application, and the exchange of letters between plaintiff and Kerr, had no mention of a term of employment. In general, a contract of employment for an indefinite period of time is terminable by either party at will. Still v. Lance, 279 N.C. 254, 182 S.E.2d 403 (1971); Roberts v. Wake Forest University, 55 N.C.App. 430, 286 S.E.2d 120, review denied, 305 N.C. 586, 292 S.E.2d 571 (1982); Humphrey v. Hill, 55 N.C.App. 359, 285 S.E.2d 293 (1982). Defendant's personnel policies, which were amended after plaintiff was hired, were not expressly incorporated in plaintiff's contract, and without such inclusion defendant was not obligated to follow its personnel policies in dismissing plaintiff. See George v. Wake County Opportunities, Inc., 26 N.C.App. 732, 217 S.E.2d 128, cert. denied, 288 N.C. 393, 218 S.E.2d 466 (1975), cert. denied, 425 U.S. 975, 96 S.Ct. 2176, 48 L.Ed.2d 800 (1976). Moreover, defendant, although not obligated to do so, did in fact follow its personnel policies when it fired plaintiff. The record shows that Kerr told plaintiff on 16 April 1979 that due to a reorganization and reduction in personnel he would be terminated as of 18 May 1979. This was confirmed by letter dated 23 April 1979. This complies with the policy on "separations":

3. Reduction in Force.

a. If it is necessary to reduce personnel, the selection of employees to be retained shall be based primarily on their relative efficiency and the necessity of the job entailed. Other things being equal, length of service shall be given consideration.

b. At least two weeks notice prior to termination shall be given an employee except for persons employed for a specific period.

Plaintiff also argues that defendant violated his civil rights giving him a cause of action under 42 U.S.C. Section 1983. Section 1983 provides a cause of action for any person who is deprived of "rights, privileges, or immunities secured by the Constitution and laws" under "color of any statute, ordinance, regulation, custom, or usage, of any State...." Plaintiff has not alleged which of his constitutional rights were violated. Presumably, he is contending that he was not afforded procedural due process. The requirements of procedural due process apply only to deprivation of interests which are encompassed by the protection of liberty and...